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15-Deliberate and possibly act on ordinance adopting an amended Drought Contingency PlanCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originaring Department: Presented By: Agenda Item No.: 10/23/09 Doug Harris, Council Date: Utilities Director of Utilities 15. 11 /09/09 RECOMMENDED MOTION: Public hearing and first reading - not an action item. POLICY ISSUE(S): Regulatory requirement; Water management BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) requires that each retail and wholesale public water supplier maintain a Drought Contingency Plan. The City's initial Drought Contingency Plan was adopted in 2000 (ordinance no. 2000-08) and revised in 2005 (ordinance no. 2005-13). TCEQ also requires that Drought Contingency Plans be updated on a five (5) year frequency. The Texas Commission on Environmental Quality has reviewed the City of Paris Drought Contingency Plan and provided approval for adoption by City ordinance. The next revision will be due by 2014. The proposed additions or deletions to the plan are shown in the accompanying redlined 2005 version. All of the changes are between pages 4-13. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance; Redlined 2005 Drought Contingency Plan ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'I'D Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works Z Utilities City of Paris Revised 2/04/08 wo ~ " 98 lJ DRAFT ORDINANCE 1V0. attorney\ordwork\current\Drought Contingency Ord - 2009 AN ORDINANCE OF THE CITY OF PARIS, TEXAS, ADOPTING A REVISED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Commission on Environmental Quality require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, the City of Paris' Drought Conringency Plan has not been updated since 2005; and, WHEREAS, as authorized under law, and in the best interests of the citizens of Paris, Texas, the City Council of the City of Paris deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies, in the form of a drought contingency plan for both retail and wholesale water customers, as the same are defined herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Article IV, entitled "Drought Contingency Plan for Retail Water Customers," of Chapter 34 of the Code of Ordinances of the City of Paris, Texas be, and hereby is amended to read as follows: "Article IV. Drought Contingency Plan for Retail Water Customers "Sec. 34-150. Declaration of Policy, Purpose, and Intent ~ 93 In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Paris hereby adopts the following Article and Drought Contingency Plan, providing regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and conrinuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 34-160 of this Article. "Sec. 34-151 Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Paris by means of public notices of public meetings for input on the Plan. "Sec. 34-152 Public Education The Ciry of Paris will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases and utility bill inserts. "Sec. 34-153 Coordination with Regional Water Planning Groups The service area of the City of Paris is located within the Northeast Texas Region D Water Planning Group and City of Paris shall provide a copy of this Plan to the Northeast Texas Region D Water Planning Group. "Sec.34-154 Authorization The City Manager of the City of Paris, or his authorized designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determinarion that such implementarion is necessary to protect public health, safety, and welfare. The City Manager, or his authorized designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. "Sec.34-155 Application The provisions of this Article shall apply to all retail water customers utilizing water provided by the City of Paris. « %_1 "'10S "Sec.34-156 Definitions For the purposes of this Plan, the following definitions shall apply: (a) Aesthetic water use. Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. (b) Commercial and institutional water use. Water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. (c) Conservation. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. (d) Customer. Any person, company, or organization using water supplied by City of Paris. (e) Domestic water use. Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. (fl Even number address. Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. (g) Industrial water use. The use of water in processes designed to convert materials of lower value into forms having greater usability and value. (h) Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. (i) Non-essential water use. Water uses that are not essential nor required for the protecrion of public, health, safety, and welfare, including: (1) irrigarion of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; (2) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (3) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (4) use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) flushing gutters or permitting water to run or accumulate in any gutter or street; (6) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (7) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (8) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) use of water from hydrants for construction purposes or any other purposes other than fire fighting. (j) Odd numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. (k) Person. A term including individuals, corporations, partnerships, associations, companies, organizations, or other legal entity. (1) Retail Water Customer. A water customer of the City of Paris (as that person is defined herein) that utilizes the water purchased from the City for its own purposes and does not supply water to another person or entity for resale for human consumption. "Sec. 34-157 Criteria for Initiation and Termination of Drought Response Stages General The City Manager or his authorized designee will monitor water supply and/or demand conditions to determine when conditions warrant initiation or termination of each stage of the Plan. The City Manager or designee may decide not to order the implementation or termination of a drought response stage or water emergency even though one or more of the trigger events for a stage are met. Factors that could influence such a decision include, but are not limited to, the time of year, weather conditions, the anticipation of replenished water supplies, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The triggering criteria described below are based on an analysis of rainfall data, lake capacities and historical drought conditions, and information from the Drought Contingency Plan for Pat Mayse Lake as prepared by the Department of the Army, Tulsa District of the Corps of Engineers. The USGS and Corps of Engineers electronically monitor levels in Lake Crook and Pat Mayse Lake respectively. 4 (b) Stage 1 Triggers - Mild Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain non-essential water uses, defined in Section 34-156 of this Article for Stage 1 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than seventy percent (70)of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or b. When total daily water demand equals or exceeds thirty (30) million gallons for seven (7) consecutive days or thirty-six million gallons for three (3) consecutive days; or Continually falling treated water reservoir levels which do not refill above seventy percent (70%) overnight. (2) Requirements for termination - Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. (c) Stage 2 Triggers - Moderate Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 2 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than sixty percent (60%) of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or b. When total daily water demand equals or exceeds thirty-two (32) million gallons for fourteen consecutive days or thirty-six (36) million gallons for six (6) consecutive days; or c. Continually falling treated water reservoir levels which do not refill above sixty percent (60) overnight. (2) Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of Stage 2, Stage 1 becomes operative. (d) Stage 3 Triggers - Severe Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 3 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than fifty percent (50%) of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or b. When total daily water demand equals or exceeds thirty-four (34) million gallons for twenty-one consecutive days or thirty- six (36) million gallons for nine (9) consecutive days; or c. Continually falling treated water reservoir levels which do not refill above fifty percent (50%) overnight. (2) Requirements for termination - Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of Stage 3, Stage 2 becomes operative. (e) Stage 4 Triggers - Critical Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 4 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than forty percent (40%) of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or b. When total daily water demand equals or exceeds thirty-five (35) million gallons for twenty-one (21) consecutive days or exceeds thirty-six (36) million gallons for nine (9) consecutive days; or c. Continually falling treated water reservoir levels which do not refill above forty percent (40%) overnight. (2) Requirements for termination - Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Upon termination of Stage 4, Stage 3 becomes operative. (o Stage 5 Triggers - Emergency Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Secrion 34-156 of this Article for Stage 5 when the City Manager, or his authorized designee, determines that a water supply emergency exists based on: a. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or b. Natural or man-made contamination of the water supply source(s). (2) Requirements for termination - Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. (g) Stage 6 Triggers - Water Allocation (1) Requirements for initiation - Retail water customers shall be required to comply with the water allocation plan prescribed in Section 34-159 of this Article and comply with the requirements and restrictions on certain non-essential water uses defined in Section 34-156 of this Article for Stage 6 of the Plan when the following triggering events exist: a. Major water line breaks, electrical power failures, or pump or system failures occur which cause unprecedented loss of capability to provide water service; or b. Natural or man-made contamination of the water supply sources(s). (2) Requirements for termination - Water allocation may be rescinded when all of the conditions listed as triggering events have ceased to exist. "Sec. 34-158. Drought Response Stages (a) General The City Manager, or his authorized designee, will monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section 34-157 of this Article, shall determine that a mild, moderate, severe, critical, emergency or water shortage condirion exists and shall implement the following notification procedures: 7 (1) Notification of the Public - The City Manager or his authorized designee will notify the public by means of publication in a newspaper of general circulation, public service announcements, and signs posted in public places. (2) Additional Notification - The City Manager or his authorized designee shall notify directly, or cause to be notified directly, the following individuals and entities: Mayor and members of the City Council Fire Chief City and County Emergency Management Coordinator(s) County Judge & Commissioner(s) Texas Commission on Environmental Quality (TCEQ) Major water users Critical water users, i.e. hospitals (b) Stage 1 Response - Mild Water Shortage Conditions (1) Target - Achieve a voluntary ten percent (10%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Voluntary Water Use Restrictions for Reducing Demand a. Retail water customers are requested to voluntarily limit the irrigation of landscaped areas to the following time periods for customers with street addresses ending in an even number (0, 2, 4, 6 or 8) times for watering are Sundays and Thursday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight. For water customers with a street address ending in an odd number (1, 3, 5, 7 or 9) times for watering are Wednesday and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight. b. All operations of the City of Paris shall adhere to water use restrictions prescribed for Stage 2 of the Plan. c. Retail water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (c) Stage 2 Response - Moderate Water Shortage Conditions (1) Target - Achieve a ten percent (10%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or disconrinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Water Use Restrictions for Demand Reduction - Under threat of penalty for violation, the following water use restrictions shall apply to all persons: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to the following time periods: For customers with a street address ending in an even number (0, 2, 4, 6 or 8) times for watering are Sunday and Thursday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight. For water customers with a street address ending in an odd number (1, 3, 5, 7 or 9) times for watering are Wednesday and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Paris. f. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the City of Paris, the facility shall not be subject to these regulations. g. The following uses of water are defined as non-essential and are prohibited: (i) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (ii) use of water to wash down buildings or structures for purposes other than immediate fire protection; (iii) use of water for dust control; (iv) flushing gutters or permitting water to run or accumulate in any gutter or street; and (v) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). (d) Stage 3 Response - Severe Water Shortage Conditions 10 (1) Target - Achieve a fifteen percent (15%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Water Use Restrictions for Demand Reduction - all requirements of Stage 2 will remain in effect during Stage 3 except as amended below: a. Irrigation of landscaped areas shall be limited to watering by means of hand-held hoses, hand-held buckets, drip irrigation system or soaker hoses. The use of hose-end sprinklers and automated sprinkler systems is prohibited at all times. Irrigation of landscaped areas shall be limited to the following time periods for customers with street addresses ending in an even number (0, 2, 4, 6 or 8) times for watering are Sunday and Thursday mornings from midnight until 10:00 a.m., and evenings from 8:00 p.m. until midnight. For customers with street addresses ending in an odd number (1, 3, 5, 7, or 9) times for watering are Wednesday and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight. b. The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the City of Paris. c. The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. (e) Stage 4 Response - Critical Water Shortage Conditions (1) Target - Achieve a twenty percent (20%) reduction daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. ii (3) Water Use Restrictions for Reducing Demand - All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as amended below: a. Irrigation of landscaped areas shall be limited to the following time periods: for customers with street addresses ending in an even number (0,2,4,6 or 8) times for watering are Sunday and Thursday mornings from 6:00 a.m. until 10:00 a.m. and evenings from 8:00 p.m. until midnight. For customers with street addresses ending in an odd number (1,3,5,7 or 9) rimes for watering are Wednesday and Saturday mornings from 6:00 a.m. until 10:00 a.m. and evenings from 8:00 p.m. until midnight. Watering will be by means of hand-held hoses, hand-held buckets, drip irrigation system or soaker hoses only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10 p.m. c. The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited. d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. No application for new, additional, expanded, or increased-in- size water service connections, meters, service lines, pipeline extensions, mains, or water service faciliries of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. (o Stage 5 Response - Emergency Water Shortage Conditions (1) Target - Achieve a twenty-five (25) percent reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or 12 discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. Elevated tank levels will be operated within minimum operating ranges in order to reduce system-wide pressure and still maintain adequate fire protection. (3) Water Use Restrictions for Reducing Demand. All requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. "Sec. 34-159. Water Allocation In the event that water shortage conditions threaten public health, safety, and welfare, the City Manager is hereby authorized to allocate water according to the following water allocation plan: (a) Single-Family Residential Customers The allocation to residential water customers residing in a single-family dwelling shall be as follows: Persons per Household 1or2 3 or 4 5or6 7or8 9or10 11 or more Cubic Feet per Month 800 950 1100 1200 1350 1600 "Household" means the residential premises served by the customer's meter. "Persons per household" includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer's household is comprised of two (2) persons unless the customer notifies the City of Paris of a greater number of persons per household on a form prescribed by the City. The City shall give its best effort to see that such forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive such a form, it shall be the customer's responsibility to go to the City of Paris Water Billing office to complete and sign the form claiming more than two (2) persons per household. New customers may claim more persons per household at the time of applying for water service. When the number of persons per household increases so as to place the customer in a different allocation 13 category, the customer may notify the City of Paris on such form and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the City of Paris in wriring within two (2) days. In prescribing the method for claiming more than two (2) persons per household, the City Manager, or his authorized designee, shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to rimely notify the City of Paris of a reduction in the number of person in a household shall be fined not less than $25.00 nor more than $500.00. Residential water customers shall pay the following surcharges for water usage in excess of their allocation: $0.50 for the first 100 cubic feet over allocation. $0.75 for the second 100 cubic feet over allocation. $1.00 for the third 100 cubic feet over allocation. $1.25 for each additiona1100 cubic feet over allocation. Surcharges shall be cumulative. (b) Master-Metered Multi-Family Residential Customers The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 800 cubic feet per month for each dwelling unit. It shall be assumed that such a customer's meter serves two dwelling units unless the customer notifies the City of Paris of a greater number on a form prescribed by the City. The City of Paris shall give its best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive such a form, it shall be the customer's responsibility to go to the Water Billing office to complete and sign the form claiming more than two (2) dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for water service. If the number of dwelling units served by a master meter is reduced, the customer shall notify the City of Paris in writing within two (2) days. In prescribing the method for claiming more than two (2) dwelling units, the City Manager, or his authorized designee, shall adopt methods to insure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the City of Paris of a reduction in the number of person in a household shall be fined not less than $25.00 nor more than $500.00. Customers billed from a master meter under this provision shall pay the following monthly surcharges: 14 $0.50 for 100 cubic feet over allocation up through 100 cubic feet for each dwelling unit. $0.75thereafter, for each additional 100 cubic feet over allocation up through a second 100 cubic feet for each dwelling unit. $1.OOthereafter, for each additional 100 cubic feet over allocarion up through a third 100 cubic feet for each dwelling unit. $1.25thereafter for each additional 100 cubic feet over allocation. Surcharges shall be cumulative. (c) Commercial Customers A monthly water allocation shall be established by the City Manager or his authorized designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The nonresidential customer's allocarion shall be approximately eighty-five percent (85%) of the customer's usage for corresponding month's billing period for the previous twelve (12) months. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. Provided, however, a customer, whose monthly usage is less than 200 cubic feet, shall be allocated 200 cubic feet. The City shall give its best effort to see that norice of each non-residential customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the Water Billing Office to determine the allocation. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased if, (1) the designated period does not accurately reflect the customer's normal water usage, (2) one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (3) other objective evidence demonstrates that the designated allocation is inaccurate under present condirions. A customer may appeal an allocarion established hereunder to the City Council of the City of Paris. Nonresidential commercial customers shall pay the following surcharges: Customers whose allocation is 200 cubic feet through 800 cubic feet per month: $0.50 per 100 cubic feet for the first 100 cubic feet over allocation. $0.75 per 100 cubic feet for the second 100 cubic feet over allocation. $1.00 per 100 cubic feet for the third 100 cubic feet over allocation. $1.25per 100 cubic feet for each additional 100 cubic feet over allocation. . Customers whose allocation is greater than 800 cubic feet per month or more: 15 1.2 times the block rate for each 100 cubic feet in excess of the allocation up through 5 percent (5%) above allocation. 1.3 times the block rate for each 100 cubic feet from 5 percent (5%) through 10 percent (10%) above allocation. 1.4 times the block rate for each 100 cubic feet from 10 percent (10%) through 15 percent (15%) above allocation. 1.5 times the block rate for each 100 cubic feet more than 15 percent (15%) above allocation. The surcharges shall be cumulative. As used herein, "block rate" means the charge to the customer per 100 cubic feet at the regular water rate schedule at the level of the customer's allocation. (d) Industrial Customers A monthly water allocation shall be established by the City Manager, or his authorized designee, for each industrial customer, which uses water for processing purposes. The industrial customer's allocation shall be approximately ninety percent (90%) of the customer's water usage baseline. Ninery (90) days after the initial imposition of the allocation for industrial customers, the industrial customer's allocation shall be further reduced to eighty-five percent (85%) of the customer's water usage baseline. The industrial customer's water use baseline will be computed on the average water use for the twelve (12) month period ending prior to the date of implementation of Stage 2 of the Plan. If the industrial water customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The City shall give its best effort to see that notice of each industrial customer's allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer's responsibility to contact the Water Billing office to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if the designated period does not accurately reflect the customer's normal water use because the customer had shutdown a major processing unit for repair or overhaul during the period, (2) the customer has added or is in the process of adding significant additional processing capacity, (3) the customer has shutdown or significantly reduced the production of a major processing unit, (4) the customer has previously implemented significant permanent water conservation measures such that the ability to further reduce water use is limited, (5) the customer agrees to transfer part of its allocation to another industrial customer, or (6) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Council of the City of Paris. Industrial customers shall pay the following surcharges: Customers whose allocation is 800 cubic feet through 1600 cubic feet per month: 16 ~ i $0.50per 100 cubic feet for the first 100 cubic feet over allocation. $0.75 per 100 cubic feet for the second 100 cubic feet over allocation. $1.00per 100 cubic feet for the third 100 cubic feet over allocation. $1.25per 100 cubic feet for each additional 100 cubic feet over allocation. Customers whose allocation is greater than 1600 cubic feet per month: 1.2 times the block rate for each 100 cubic feet in excess of the allocation up through five percent (5%) above allocation. 1.3 times the block rate for each 100 cubic feet from five percent (5%) through ten percent (10%) above allocation. 1.4 times the block rate for each 100 cubic feet from ten percent (10%) through fifteen percent (15%) above allocation. 1.5 times the block rate for each 100 cubic feet more than fifteen percent (15%) above allocation. The surcharges shall be cumulative. As used herein, "block rate" means the charge to the customer per 100 cubic feet at the regular water rate schedule at the level of the customer's allocation. "Sec.34-160. Enforcement (a) No person shall knowingly or intentionally allow the use of water from the City of Paris for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by City Manager, or his authorized designee, in accordance with provisions of this Plan. (b) That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. If a person is convicted of three or more distinct violations of this Article, the City Manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at $50.00, and any other costs incurred by the City of Paris in discontinuing service. In addition, suitable assurance must be given to the City Manager that the same action shall not be repeated while the Plan is in effect. Compliance with this Article may also be sought through injunctive relief in a court of appropriate jurisdiction, and the City Attorney is hereby authorized to seek such relief on behalf of the City. (c) Any person, including a person classified as a water customer of the City of Paris in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the 17 i r person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Article and that the parent could not have reasonably known of the violation. (d) Any employee of the City of Paris, police officer, or other employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the City of Paris Municipal Court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in Municipal Court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in Municipal Court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in Municipal Court before all other cases. "Sec.34-161 Variances (a) The City Manager, or his authorized designee, may, in writing, grant a temporary variance from the requirements of this ordinance to an existing water customer if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Paris within thirty (30) days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager, or his authorized designee, and shall include the following: is - (1) Name and address of the petitioner(s). (2) Purpose of water use. (3) Specific provision(s) of the Plan from which the petitioner is requesting relief. (4) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (5) Description of the relief requested. (6) Period of time for which the variance is sought. (7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (8) Other pertinent information. (c) Variances granted by the City of Paris shall be subject to the following conditions, unless waived or modified by the City Manager, or his authorized designee: (1) Variances granted shall include a timetable for compliance; (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. (d) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. "Sec. 34-162 Contracted Sales of Water The provisions of this Article and the Drought Contingency Plan adopted hereby shall be subject to and construed in a manner consistent with the provisions of outstanding water supply contracts and the contractual obligations of the City of Paris thereunder to supply water under the terms of said contracts to retail or wholesale purchasers. This Section applies only to contracted sales of water to customers under written contracts approved by the City Council of the City of Paris and does not apply to purchases of water by customers under the City's rate ordinances." 19 - --11% Section 3. That Article V, entitled "Drought Contingency Plan for Wholesale Water Customers," of Chapter 34 of the Code of Ordinances of the City of Paris, Texas, is hereby amended in its entirety to read as follows: "Article V. Drought Contingency Plan for Wholesale Water Customers "Sec. 34-170. Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Paris adopts the following Drought Contingency Plan for wholesale water customers (the Plan). "Sec. 34-171. Public Involvement Opportunity for the public to provide input into the prepararion of the Plan was provided by the City of Paris by means of public notices of public meetings for input on the Plan. "Sec. 34-172. Wholesale Water Customer Education The City of Paris will periodically provide wholesale water customers with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of providing a copy of the Plan to wholesale water customers. "Sec. 34-173. Coordination with Regional Water Planning Groups The service area of the City of Paris is located within the Northeast Texas Region D Water Planning Group and City of Paris shall provide a copy of this Plan to the Northeast Texas Region D Water Planning Group. "Sec.34-174 Authorization The City Manager of the City of Paris, or his authorized designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or his authorized designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. "Sec.34-175 Application The provisions of this Article shall apply to all wholesale water customers utilizing water provided by the City of Paris. 20 - - 1 "Sec.34-176 Definitions For the purposes of this Article, the following definitions shall apply: (a) Customer or wholesale water customer. Any individual, corporarion, partnership, association, person, company, or organization purchasing or using water supplied by the City of Paris, Paris, Texas, that, in return for compensation, supplies water to another person or entity for resale for human consumption. The term does not include a person or entity that supplies water to itself or its employees or tenants as an incident of that employee's service or tenancy when that water is not resold to or used by others. For the purposes of this Article, the word "customer" and the phrase "wholesale water customer" shall have the same meaning. (b) Person. A term including individuals, corporations, partnerships, associations, companies, organizations, or other legal entities. "Sec. 34-177Triggering Criteria for Initiation and Termination of Drought Response Stages (a) General The City Manager, or his authorized designee, will monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by mail or telephone. The news media will also be informed. The triggering criteria described below are based on rainfall data, lake capacity information on the internet, and historical drought conditions. (b) Stage 1- Mild Water Shortage Conditions (1) Requirements for initiation - The City of Paris will recognize that a mild water shortage condition exists when: a. The water supply available to the City of Paris is equal to or less than eighty percent (80%) of the Conservation pool at Pat Mayse; or b. Total daily water demand equals or exceeds thirty (30) million gallons for seven (7) days or thirty-six (36) million gallons for three consecutive days; or c. Continually falling treated water reservoir levels which do not refill above eighty percent (80%) overnight. (2) Requirements for termination - Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to 21 exist for a period of 7 consecutive days. The City of Paris will notify its wholesale customers and the media of the termination of Stage 1 in the same manner as the notification of initiation of Stage 1 of the Plan. (c) Stage 2- Moderate Water Shortage Conditions (1) Requirements for initiation - The City of Paris will recognize that a moderate water shortage condition exists when: a. The water supply available to the City of Paris is equal to or less than seventy percent (70%) of the conservation pool at Pat Mayse Lake; or b. Total daily water demand equals or exceeds thirty-two (32) million gallons for fourteen (14) consecurive days or thirty-six (36) million gallons for 6 consecutive days; or c. Continually falling treated water reservoir levels which do not refill above seventy percent (70%) overnight. (2) Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of fourteen (14) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City of Paris will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 2 of the Plan. (d) Stage 3- Severe Water Shortage Conditions (1) Requirements for initiation - The City of Paris will recognize that a severe water shortage condition exists when: a. The water supply available to the City of Paris is equal to or less than sixty percent (60%) of the conservation pool at Pat Mayse Lake; or b. Total daily water demand equals or exceeds thirty-four (34) million gallons for twenty-one consecutive days or thirty-six (36) million gallons for nine (9) consecutive days; or c. Continually falling treated water reservoir levels which do no refill above sixty percent (60%) overnight. (2) Requirements for termination - Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of twenty-one (21) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City of Paris will notify its wholesale customers and the media of the termination of 22 _ " " 14 t1 Stage 3 in the same manner as the notification of initiation of Stage 3 of the Plan. (e) Stage 4- Emergency Water Shortage Conditions (1) Requirements for initiation - The City of Paris will recognize that an emergency water shortage condition exists when: a. Major water line breaks, electrical power failures, or pump or system failures occur which cause unprecedented loss of capability to provide water service; or b. Natural or man-made contamination of the water supply source(s). (2) Requirements for termination - Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. The City of Paris will notify its wholesale customers and the media of the termination of Stage 4. "Sec. 34-178Drought Response Stages (a) General The City Manager, or his authorized designee, will monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 34-177 of this Article, shall determine that mild, moderate, severe, or emergency water shortage conditions exist and will implement the following actions: (b) Stage 1- Mild Water Shortage Conditions (1) Target: Achieve a voluntary five percent (5%) reduction in daily water demand. (2) Best Management Practices for Supply Management: Measures to be implemented directly by City of Paris to manage limited water supplies and/or reduce water demand will include reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, and stringent operation of the Water Treatment Plant concerning filter backwashing. (3) Water Use Restrictions for Reducing Demand: a. The City Manager, or his authorized designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water 23 customers initiate voluntary measures to reduce water use (e.g., implement Stage 1 of the customer's drought contingency plan). b. The City Manager, or his authorized designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. (c) Stage 2- Moderate Water Shortage Conditions (1) Target: Achieve a ten percent (10%) reduction in daily water demand. (2) Best Management Practices for Supply Management: Measures to be implemented directly by City of Paris to manage limited water supplies and/or reduce water demand will include reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, and stringent operation of the Water Treatment Plant concerning filter backwashing. (3) Water Use Restrictions for Reducing Demand: a. The City Manager, or his authorized designee(s), will initiate weekly contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. b. The City Manager, or his authorized designee(s), will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g., implement Stage 2 of the customer's drought contingency plan). c. The City Manager, or his authorized designee(s), will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries by preparing a monthly water usage allocation baseline for each wholesale customer according to the procedures specified in Section 34-179 of this Article. d. The City Manager, or his authorized designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. 24 ~~r+r (d) Stage 3- Severe Water Shortage Conditions (1) Target: Achieve a fifteen percent (15%) reduction in daily water demand. (2) Best Management Practices for Supply Management: Measures to be implemented by the City of Paris, to manage limited water supplies and reduce water demand will include reduced or discontinued flushing of water mains, use of reclaimed water for non- potable purposes, and stringent operation of the Water Treatment Plant concerning filter backwashing. Levels in elevated storage tanks will be operated at lower levels that are consistent with maintaining good fire protection, but will reduce water pressure to individual households. (3) Water Use Restrictions for Reducing Demand: a. The City Manager, or his authorized designee(s), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers iniriate additional mandatory measures to reduce non-essential water use (e.g., implement Stage 3 of the customer's drought contingency plan). b. The City Manager, or his authorized designee(s), will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 34-179 of this Article. c. The City Manager, or his authorized designee(s), will provide a weekly report to news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. (e) Stage 4- Emergency Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 34-177 (e) of this Article, the City Manager, or his authorized designee(s), shall: (1) Assess the severity of the problem and identify the actions needed and time required to solve the problem. (2) Inform the responsible official of each wholesale water customer by telephone or in person and suggest actions, as appropriate, to alleviate problems. 25 (3) When appropriate, notify city, county, and/or state emergency response officials for assistance. (4) Undertake necessary actions, including repairs and/or cleanup as needed. (5) Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. "Sec. 34-179 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 34-177 of this Article for Stage 3- Severe Water Shortage Conditions have been met, City Manager, or his authorized designee, is hereby authorized initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures: (a) A wholesale customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the City Council of the City of Paris based on the assessment of the City Manager, or his authorized designee, of the severity of the water shortage condition and the need to curtail water diversions and deliveries and may be adjusted periodically by resolution of the City Council of the City of Paris as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month. (b) A monthly water usage baseline shall be established by the City Manager, or his authorized designee, for each wholesale customer. The wholesale customer's water usage baseline will be computed on the average water usage by month for the five (5) immediately preceding calendar years. If the wholesale water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (c) The City Manager, or his authorized designee, shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (d) Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased if (1) the City determines the designated period does not accurately reflect the wholesale customer's normal water usage; (2) the customer agrees to transfer part of its allocation to another wholesale customer; or (3) the City determines other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established hereunder to the City Council of the City of Paris. 26 "Sec.34-180 Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions and/or deliveries: (a) 1.1 times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the monthly allocation up through five percent (5%) above the monthly allocation. (b) 1.2 times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the monthly allocation from five percent (5%) through ten percent (10%) above the monthly allocation. (c) 1.3 times the normal water charge per 1000 gallons for water diversions and/or deliveries in excess of the monthly allocation from ten percent (10%) through fifteen percent (15%) above the monthly allocarion. (d) 1.4 times the normal water charge per 1000 gallons for water diversions and/or deliveries more than fifteen percent (15%) above the monthly allocation. The above surcharges shall be cumulative. "Sec. 34-181 Variances (a) The City Manager, or his authorized designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager, or his authorized designee, within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures 27 established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought. (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. (c) Variances granted by the City of Paris shall be subject to the following conditions, unless waived or modified by the City Manager or his authorized designee: (1) Variances granted will include a timetable for compliance. (2) Variances granted will expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. (d) No variance shall be retroacrive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. "Sec. 34-182. Contracted sales of water The provisions of this Article and the Drought Contingency Plan adopted hereby shall be subject to and construed in a manner consistent with the provisions of outstanding water supply contracts and the contractual obligations of the City of Paris thereunder to supply water under the terms of said contracts to retail or wholesale purchasers. This Section applies only to contracted sales of water to customers under written contracts approved by the City Council of the City of Paris and does not apply to purchases of water by customers under the City's rate ordinances." Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. as ~ _~_~,u Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1- 6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That by a supermajority vote of _ ayes and _ nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. 2009. PASSED AND ADOPTED on second and final reading this 9th day of November, Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 29 DRAFT showing changes from 2005 Ord ORDINANCE N0. 2005-013 AN ORDINANCE OF THE CITY OF PARIS, PARIS TEXAS, ADOPTING A REVISED DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Commission on Environmental Quality require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Paris, Texas, the City Council of the City of Paris deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies, in the form of a drought contingency plan for both retail and wholesale water customers, as the same are defined herein: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That there is hereby adopted to Chapter 34 of the Code of Ordinances of the City of Paris, Paris, Texas, a revised Article IV, entitled "Drought Contingency Plan for Retail Water Customers," the aforesaid Article IV to read as follows: "Article IV. Drought Contingency Plan for Retail Water Customers "Sec. 34-150. Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Paris hereby adopts the following Article and Drought Contingency Plan, providing regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 34-160 of this Article. "Sec. 34-151 Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Paris by means of public notices of public meetings for input on the Plan. "Sec. 34-152 Public Education The City of Paris will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of press releases and utility bill inserts. "Sec. 34-153 Coordination with Regional Water Planning Groups The service area of the City of Paris is located within the Northeast Texas Region D Water Planning Group and City of Paris shall provide a copy of this Plan to the Northeast Texas Region D Water Planning Group. "Sec.34-154 Authorization The City Manager of the City of Paris, or his/her designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or his/her designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. "Sec.34-155 Application The provisions of this Article shall apply to all retail water customers utilizing water provided by the City of Paris. "Sec.34-156 Definitions For the purposes of this Plan, the following definitions shall apply: (a) Aesthetic water use. Water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. (b) Commercial and institutional water use. Water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. (c) Conservation. Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. (d) Customer. Any person, company, or organization using water supplied by City of Paris. (e) Domestic water use. Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. (o Even number address. Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. (g) Industrial water use. The use of water in processes designed to convert materials of lower value into forms having greater usability and value. (h) Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. (i) Non-essential water use. Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including: (1) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (2) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (3) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (4) use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) flushing gutters or permitting water to run or accumulate in any gutter or street; (6) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (7) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (8) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) use of water from hydrants for construction purposes or any other purposes other than fire fighting. (j) Odd numbered address. Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. (k) Person. A term including individuals, corporations, partnerships, associations, companies, organizations, or other legal entity. (1) Retail Water Customer. A water customer of the City of Paris (as that person is defined herein) that utilizes the water purchased from the City for its own purposes and does not supply water to another person or entity for resale for human consumption. "Sec. 34-157 Criteria for Initiation and Termination of Drought Response Stages General The City Manager or his/her designee s4a4 will monitor water supply and/or demand conditions to determine ^^n^^*"'..ba°;° and sk^'~-Qet-nine when conditions warrant initiation or termination of each stage of the Plan., t#xt-is,-o:nen thxe speei~ "*r;^^ers" ar^ r°^ch°a. The City Manager or designee may decide not to order the implementation or termination of a drought response stage or water emergencti even though one or more of the trie~er events for a stage are met. Factors that could influence such a decision include but are not limited to, the time of year, weather conditions the anticipation of replenished water supplies or the anticipation of potential changed conditions that warrant the continuation of the drought staee. The triggering criteria described below are based on an analysis of pr-eviaus rainfall data, lake capacities and historical drought conditions, and information from the Drought Contingency Plan for Pat Mayse Lake as prepared by the Department of the Army, Tulsa District of the Corps of Engineers. 4 M -v..13.1 The USGS and Corps of Engineers electronically monitor levels in Lake Crook and Pat Mayse Lake tho Ucr_c ...,a C,.,... ..F c....;..eo.-s respectively. (b) Stage 1 Triggers - Mild Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section 34-156 of this Article for Stage 1 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than ^irt"*y r990'-' seven percent(701of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or b. WL,.,n, pur-suant r., .,ts speeified +ho Eit-y-9€ gans' wholesa=e water- pur-Ehase c-entr-ac-tT met-ifieat-ien is-reEeivedTeque~tins-:-nit-iazien e€ Stage1 9~ *i.,, n,.,,,,gt,t r,.,,t;,,,.,,,,,-., nt.,,,. „ , e.b. When total daily water demand equals or exceeds thirty (30) million gallons for seven (7) consecutive days or thirty-six million gallons for three (3) consecutive days; or d-c. Continually falling treated water reservoir levels which do not refill above °irtht. ^^r^°^+ (anoi) seven percent (70W overnight. (2) Requirements for termination - Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist F^r ^ per-iod ^F r" c^^°°c»*i° day.s• (c) Stage 2 Triggers - Moderate Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 2 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than °^v°^ty ^^r^°^* (70%) sixty_percent 6M of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or . -13L \A/l,o„ n t ..*s s ..;fiorl *l,o •tl. , pur-sua / c i t t t h YYYttlt " F/Y Y~tr- s .,r;fi..-,+;.,,, ; .o. C$aiC--wit ase c-en r-ac- s, er- pur-e l os+;,,., ;..;*;ar;.,., .,F C+-,g0 7 .,f +ho il...,,,.,L.r o,, Dla,,. E,r g ~ e.b. When total daily water demand equals or exceeds thirty-two (32) million gallons for fourteen consecutive days or thirty-six (36) million gallons for six (6) consecutive days; or &c. Continually falling treated water reservoir levels which do not refill above °°v°^ty ^^r^^^* (70oi) six percent (60). overnight. (2) Requirements for termination - Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist f^r ^ ° ^a ^f 14 e ~~*i••° Upon termination of Stage 2, Stage 1 becomes operative. (d) Stage 3 Triggers - Severe Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 3 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is eyual to or less than °;°*y ^°r^^^+ r6046~ flfty percent 50° of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or \Alho b nt onrc c.. e;fie.l rl,o . n, pur-sua € g h^ Cit i ' '°sale water- ur-ehase--c-entr-ac-ts vv -y e ar- s , p nat-ifle-atien-:s r-eeeive *►,o n,.,,,,..h* r,.,,«;,,,,,,, d r-equesti-xsinitiazien e€ Stage-3-s~ nt.,,,. „ , e. b. When total daily water demand equals or exceeds thirty-four (34) million gallons for twenty-one consecutive days or thirty-six (36) million gallons for nine (9) consecutive days; or 4. c. Continually falling treated water reservoir levels which do not refill above °;°*y ^°rc°^* (60oi ) fib percent 50° overnight. (2) Requirements for termination - Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering A v v ~ V events have ceased to exist. F r^^ r;^a ^f *w°^t._^^° r"' eensecutive a^y°. Upon termination of Stage 3, Stage 2 becomes operative. (e) Stage 4 Triggers - Critical Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 4 when any one of the following triggering events exists: a. When the water supply available to the City of Paris is equal to or less than fift, ^°r^°^* (909'e) fort}r nercent 40° of the Conservation pool in Pat Mayse Lake and Lake Crook combined; or „ W», b nt o„*s s ,.;fioa *ho . e pur-sua , € g E n ' h ur-ehasec-entr-ac-t sale watee l vv- "Te a s o T e p natific-at-ien is--reEeir:e +t,o n,-,,,,,,h* r,.,,+;,,..o, d--request-i~xs-:-nit+at-ien erStase 4 a~ nta,,. „ , Eb. When total daily water demand equals or exceeds thirty-five (35) million gallons for twenty-one (21) consecutive days or exceeds thirty-six (36) million gallons for nine (9) consecutive days; or d.c. Continually falling treated water reservoir levels which do not refill above fift, ^°rc°^* r9096, fortV percent 40° overnight. (2) Requirements for termination - Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to existfor- a per-iod of twenty ene-(21) c^^°^^„+;°° a^°° Upon termination of Stage 4, Stage 3 becomes operative. (o Stage 5 Triggers - Emergency Water Shortage Conditions (1) Requirements for initiation - Retail water customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section 34-156 of this Article for Stage 5 when the City Manager, or his/her designee, determines that a water supply emergency exists based on: ~ ca ti- „1 I~t a. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or b. Natural or man-made contamination of the water supply source(s). (2) Requirements for termination - Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. (g) Stage 6 Triggers - Water Allocation (1) Requirements for initiation - Retail water customers shall be required to comply with the water allocation plan prescribed in Section 34-159 of this Article and comply with the requirements and restrictions on certain water uses defined in Section 34-156 of the Article for Stage 5 of the Plan when the following triggering events exist: a. Major water line breaks, electrical power failures, or pump or system failures occur which cause unprecedented loss of capability to provide water service; or b. Natural or man-made contamination of the water supply sources(s). (2) Requirements for termination - Water allocation may be rescinded when all of the conditions listed as triggering events have ceased to exist. "Sec. 34-158. Drought Response Stages (a) General The City Manager, or his/her designee, shall will monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section 34-157 of this Article, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures: (1) Notification of the Public - The City Manager or his/ her designee shaU will notify the public by means of publication in a newspaper of general circulation, public service announcements, and signs posted in public places. „ - - " j 11J (2) Additional Notification - The City Manager or his/her designee shall notify directly, or cause to be notified directly, the following individuals and entities: Mayor and members of the City Council Fire Chief City and County Emergency Management Coordinator(s) County Judge & Commissioner(s) Texas Commission on Environmental Quality (TCEQ) Major water users Critical water users, i.e. hospitals (b) Stage 1 Response - Mild Water Shortage Conditions (1) Target - Achieve a voluntary ten percent (10%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Voluntary Water Use Restrictions for Reducing Demand a. Retail water customers are requested to voluntarily limit the irrigation of landscaped areas to the following time periods c„^a^.,s ^^d T"„r°a^°° for customers with a street addresses ending in an even number (0, 2, 4, 6 or 8) times for watering are Sundays and ThursdaY morngins from midnight unti110:00 a.m. and evenings from 8:00 p.m. until midnight..^a c^*„r4^..° ^^4 For water customers with a street address ending in an odd number (1, 3, 5, 7 or 9) times for watering are Wednesday and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 D.M. until midnight.. ^^d irr-i^^*° days, b. All operations of the City of Paris shall adhere to water use restrictions prescribed for Stage 2 of the Plan. c. Retail water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. 13~ . (c) Stage 2 Response - Moderate Water Shortage Conditions (1) Target - Achieve a ten percent (10%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Water Use Restrictions for Demand Reduction - Under threat of penalty for violation, the following water use restrictions shall apply to all persons: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to the following time periods: For customers with a street address ending in an even number (0, 2, 4, 6 or 8) times for watering are Sunday and Thursday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight.. `^'°~sElays- For water customers with a street address ending in an odd number (1, 3, 5, 7 or 9) times for waterine are Wednesdav and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midnight.. „a , „F l.,,,as,. „oa ar-eas s c,,,.tho„ t;,,,;*oa r„ +h,, t,,,,,,.S „F 12.00 ..,;a,,;,,ht ,„«;l 10.00., „a between Q;nn „d- 1-2.00 w,;.a,+}Sh=t vifacois=iuc°ca w^*°r;^g a^y°. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as 10 -1.l f garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. e. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Paris. f. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the City of Paris, the facility shall not be subject to these regulations. g All +n...~nn*c .~el+ihi*od frnm cnr:rir.* . .+tor• * patr-ofis upon sr „f *t,o *,z*,.,,.. h. g. The following uses of water are defined as non- essential and are prohibited: (i) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard- surfaced areas; (ii) use of water to wash down buildings or structures for purposes other than immediate fire protection; (iii) use of water for dust control; (iv) flushing gutters or permitting water to run or accumulate in any gutter or street; and 11 y -133 (v) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). (d) Stage 3 Response - Severe Water Shortage Conditions (1) Target - Achieve a fifteen percent (15%) reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Water Use Restrictions for Demand Reduction - all requirements of Stage 2 sha will remain in effect during Stage 3 except: a. Irrigation of landscaped areas shall be limited to the following timeperiods for customers with street addresses ending in an even number (0. 2. 4. 6 or 8) times for wateriniz are Sunday and Thursday mornings from midnight until 10:00 a.m., and evenings from 8:00 p.m. until midnight. For customers with street addresses ending in an odd number (1, 3. S. 7. or 9) times for watering are Wednesday and Saturday mornings from midnight until 10:00 a.m. and evenings from 8:00 p.m. until midni2ht. Watering will be by means of hand-held hoses, hand-held buckets, drip irrigation system or soaker hoses. designated water-i-xs-daTS-betveen-the heur-r ^2!00 • m'rl '6h+ micr rl 1!1.l1l1 ir. .a . oo., Q pY,':ii . . u:~an-T nc - -rv~v-zr- uiia o 1.crccxrv- rr:acrrir '.a ..hr -,...a s1.-,11 1,., 1,.. means .,F ha,,d_l,..ld L..,sosl,-..a_ ~ ~llorl 1, la h vcrcac1a.t*o, dr-ip ir-Ac~+;.+..zvii, vi ~ T ii:orour:ca n,~ °ci=i=ai:ci:+1c~ rr~, autemat-ic---spr-inkl The use of hose-end sprinklers is prohibited at all times. b. The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the City of Paris. c. The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. 12 - -1 ..l .y (e) Stage 4 Response - Critical Water Shortage Conditions (1) Target - Achieve a twenty percent (20%) reduction daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. (3) Water Use Restrictions for Reducing Demand - All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except: a. Irrigation of landscaped areas shall be limited to the following time Reriods: for customers with street addresses ending in an even number (0.2.4.6 or 8) times for watering are Sunday and Thursdav mornings from 6:00 a.m. until 10:00 a.m. and evenings from 8:00 p.m. until midnight. For customers with street addresses ending in an odd number (1.3.5.7 or 9) times for watering are Wednesday and Saturday mornings from 6:00 a.m. until 10?00 a.m. and evenings from 8:00 p.m. until midnight. Watering will be bv means of hand-held hoses, hand-held buckets, drip irrigation s,ystem or soaker hoses onlv. a„s;g,,.,+oa . „ a.,..s t,o+..,oo„ +t,o h,,,,..s of 6.0I1 „a 10.00 • „a bo+..,,.,,,, Q.nn „a 12.00 m;a,,;gt,~ an.a sha11 L,e 1,.. means .,F L..,.,d_l,ol.i h.,ooo hanrl_hnld , h„^ke+s, ar;^ ^'y The use of hose-end ar- sprinklers or permanently installed automatic sprinkler systems are prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10 p.m. c. The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi-type pools is prohibited. 13 - -14, d. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. e. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher- numbered stage shall be in effect. (o Stage 5 Response - Emergency Water Shortage Conditions (1) Target - Achieve a twenty-five (25) percent reduction in daily water demand. (2) Best Management Practices for Supply Management - measures to be implemented directly by the City of Paris to manage limited water supplies and/or reduce water demand will include: reduced or discontinued flushing of water mains, use of reclaimed water for non-potable purposes, stringent operation of the Water Treatment Plant concerning filter backwashing, and discontinuing all outside wash-down activities. Elevated tank levels will be operated within minimum operating ranges in order to reduce system-wide pressure and still maintain adequate fire protection. (3) Water Use Restrictions for Reducing Demand. All requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. "Sec. 34-159. Water Allocation In the event that water shortage conditions threaten public health, safety, and welfare, the City Manager is hereby authorized to allocate water according to the following water allocation plan: (a) Single-Family Residential Customers 14